NEWS January 22, 1998 FCC COMMISSIONER MICHAEL POWELL URGES TELECOM COMMUNITY TO CONTINUE DIALOGUE SPARKED BY WHITE PAPER ON SECTION 271 PROCESS At a luncheon meeting hosted today by the United States Telephone Association, FCC Commissioner Michael Powell urged industry representatives to continue the dialogue sparked by his White Paper (released January 15, 1998) on reforming the implementation of section 271 of the Telecommunications Act of 1996, pursuant to which the Bell Operating Companies may apply to provide long distance service within their regions. Expressing surprise that it is considered out of the ordinary for a sitting commissioner to make detailed proposals in writing, Powell said he has received to date "an enormous amount of positive feedback on the White Paper from the States, from the industry and the Justice Department." Powell urged the audience members to take the ideas set forth in the Paper to the "next level of detail." Powell again sounded a "wake up call" in the aftermath of the recent decision by the United States District Court in Texas to strike down sections 271-275 of the Telecommunications Act of 1996 as unconstitutional. Moreover, Powell discussed the urgency of implementing a revised section 271 approach in light of wide-spread reports that numerous section 271 applications may be filed in 1998. Powell attributed most of the shortcomings of the current section 271 process to the Commission's time and resource constraints. "What I have observed is that the Commission and the Bureau simply cannot sustain the effort required to process applications fully within the ninety-day timeframe allowed and that we are just struggling through to process one application at a time. I can only imagine how we will be able to handle things when there are 7, 15 or 30 applications pending at once from around the country." Powell's White Paper called for "a revised section 271 process that has several attributes: is less adjudicative and more collaborative; involves close working relationships between the Commission, the States and the Justice Department that takes account of their unique perspectives and expertise; and emphasizes informal dialogue between regulators and the industry to clarify the Commission's expectations and to find workable ways to satisfy the regulatory checklist and public interest standard." Commissioner Powell's speech and his White Paper on the section 271 process can be downloaded from his internet site at http://www.fcc.gov/commissioners/powell/ on the World Wide Web. - FCC -